IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

DAVID A. HAWKINS, and TRACY J. HAWKINS, on behalf of themselves and all others similarly situated, Plaintiffs

v.

WELLS FARGO BANK, N.A., Defendant

Excerpt:

Defendant made Texas home equity loan modifications that did one ormore of the following in violation of the Texas Constitution’s homestead protectionprovisions: (1) turned past-due interest into new principal; (2) featured a loan-to-valueratio to a figure above 80%; and (3) failed to include mandatory disclosures concerningthe protections afforded by the Texas Constitution concerning home equity loans. Theseproblems are unique to home equity loans, as opposed to original purchase-moneymortgage loans, which are not at issue in this case.